Landlord Questions

[Mrs. Restless22]

We have renters in our rental house that are reallllly flaky.
Their first months rent check bounced, the second was fine, but there 3rd months was 10days late and also bounced.
So my question is what actions can we take against them? Can we evict them even thought they signed a 1 year lease?
Any help is appreciated :smile:

[Sherpa]

what state is this house located-? calif laws are pretty strict on evictions.
I've heard in AZ you can actually have someone evicted from a home completely in les than 18 days.......... we could use that kind of law here..
--Sherpa

[Mrs. Restless22]

Its in Ca.
I really just want them out of there at this point, I dont want to deal with this CRAP!!!! :burningm:

[Tequila-John]

We have renters in our rental house that are reallllly flaky.
Their first months rent check bounced, the second was fine, but there 3rd months was 10days late and also bounced.
So my question is what actions can we take against them? Can we evict them even thought they signed a 1 year lease?
Any help is appreciated :smile:
I would first off send them a certified letter. In the letter state your unhappiness with there payment patterns. State the info about all 3 payments being crapping. I would add in the letter also "if there is any type of person problems that would keep from sending in valid or on time checks please let me know, I would like to help" Then lastly tell them take this letter as a warning that any further late or bounced checks received for rent will terminate the lease agreement, and evection proceedings will follow immediately

[Mardonzi]

We have renters in our rental house that are reallllly flaky.
Their first months rent check bounced, the second was fine, but there 3rd months was 10days late and also bounced.
So my question is what actions can we take against them? Can we evict them even thought they signed a 1 year lease?
Any help is appreciated :smile:
Renter's rights laws vary from state to state but there should be a provision in your lease agreement for this. As far as the bounced check, even though they gave the check to you, as long as it is drawn on insufficient funds, it is not considered a negotiable instrument, therefore, they never actually paid the rent and are liable for any late fees associated with it plus any penalties that your state or local goverment allows for compenstaition. As far as eviction,, that varies by local govts.
We have a rental house in Northern Utah (yes, we are former Utards) and our first renters were the tenants from hell. They had a 2 year lease with us and only paid ontime once in 2 years. What we were doing was on the final day for rent to be paid (the 5th usually) if they didn't pay it, we served them with a 72 hour notice to pay or vacate. This usually did the trick. You can usually find these forms in the legal section of Office Max. By serving them with this form, you have started the paperwork trail to evict them. If that doesn't take care of the problem, contact your local courthouse and talk with one of the court clerks. by serving them with this form, you have started the paperwork trail to evict them. Good Luck!!

[Keithb87]

In the future I would pay a property Managment firm their fee to not have the headache. You can also not accept checks from them for future rent payment. Demand Cash, Cashieers check, or money order.

[Mrs. Restless22]

Thank you everyone.
We've never had a rental property before so this is our first experience with it. Im almost thinking rental properties arent worth the headaches.. :hammerhea
Thanks for the advice!

[DEAL BROTHER]

Just my .02 but I believe in the future you should not let the renters know that you are the actual property owner. Pretend as if you are a management company which, in a sense, you are. Then tell them that you are doing all you can to help them but that this property owner is a real hardass, he is also any attorney, and will have you evicted immediately, just for fun, if you dont resolve this situation. He definately doesn't need your money but takes it very personally if you screw with him.

[nodigg]

I have heard horror stories about evicting in California. I have rentals both in CA and AZ and have never had to evict until last week. AZ is SO QUICK! Just did my first one. Five day notice to vacate served by me, (form at Staples). Failed to vacate. Went to the court and found it would take five business days to get them both served with a court order and in for a court date. NO LAWYER! Awarded a judgment and restitution by the judge on the spot. If they are not out by today the constable will forcibly remove them. BAM! California needs to get on board!
I think the thing to do is to go to the court house for the city and ask what you can do. They are VERY helpful in getting deadbeats out. Best of luck. Let us know how it turns out for you.
Oh and as for those who use this sort of thing as the reason for not having rentals...Small price to pay for the incredible plus side of owning rental properties.

[Lightning]

Thank you everyone.
We've never had a rental property before so this is our first experience with it. Im almost thinking rental properties arent worth the headaches.. :hammerhea
Thanks for the advice!
I own rental property. I have found some good information on landlord.com about renters rights and owners rights. At this point you need to get them out of there. Did they sign a lease? Have you been enforcing the late pay fees in the lease? Sounds like it's time to give them the "pay up or get out" letter.

[Mrs. Restless22]

They did sign a 1 year lease, and we are only into it 3 months. We have been very diligent in having them pay the late fees. I dont want to cross the line and get into legal actions, I just want a decent renter.
I know the + side of owning rentals far outways the -, so we will tough it out, just thought I could get some helpfull info from you all.
Thanks again!

[spectratoad]

I have heard that in California if you have rental property you just joined the social/welfare system.

[nodigg]

Just my .02 but I believe in the future you should not let the renters know that you are the actual property owner. Pretend as if you are a management company which, in a sense, you are. Then tell them that you are doing all you can to help them but that this property owner is a real hardass, he is also any attorney, and will have you evicted immediately, just for fun, if you dont resolve this situation. He definately doesn't need your money but takes it very personally if you screw with him.
I have to take issue with this. Be honest and it will be easier in the long run. Especially when you get court. If they are not going to pay, no amount of phony threats will change their payment integrity. Just get them out asap! Legally!

[nodigg]

They did sign a 1 year lease, and we are only into it 3 months. We have been very diligent in having them pay the late fees. I dont want to cross the line and get into legal actions, I just want a decent renter.
I know the + side of owning rentals far outways the -, so we will tough it out, just thought I could get some helpfull info from you all.
Thanks again!
I don't think you will need an attorney to get them out. They have violated the lease agreement by failing to make payment as prescribed AND given you a NSF check which California will not allow to be taken lightly! Don't let this fester, you will only loose more time and moeny. My .02 is, CUT YOUR LOSSES AND MOVE ON! GET THEM OUT ASAP!

[Mrs. Restless22]

I think your right nodigg.....
Thanks Rick

[DEAL BROTHER]

Nice guys dont fare well as landlords. People who dont pay their rent do not respond well to kindness. I wouldn't be afraid to lie to them for fear I may have to face them in court. They're not going to show up for court anyway. Demand a large deposit up front. If its a good property at a fair rent they will gladly pay the big deposit. If its a crappy place or the rent is too high then expect to have problems collecting your rent. They pay or they go and it would be clearly understood up front. If you scare some people from renting from you its probably because they weren't going to pay anyway.

[Essex502]

Isn't California law 3 times the amount of the check or $100 whichever is greater when a check bounces?
The renters are in default of their lease. See a good attorney.

[bigd1]

I have a buddy who owns a bunch of rental props. He is pretty much like Big Paul on OCC - you can't talk with him, you can't negotiate with him - he's like the Terminator. Whenever a tenant gets crosswise with him he takes the doors off for "repair" including the garage door if there is one. Then has his "crew" on-site to "work on the property". Any outstanding issues generally go away pretty quickly.

[nodigg]

Nice guys dont fare well as landlords. People who dont pay their rent do not respond well to kindness. I wouldn't be afraid to lie to them for fear I may have to face them in court. They're not going to show up for court anyway. Demand a large deposit up front. If its a good property at a fair rent they will gladly pay the big deposit. If its a crappy place or the rent is too high then expect to have problems collecting your rent. They pay or they go and it would be clearly understood up front. If you scare some people from renting from you its probably because they weren't going to pay anyway.
HEY!, I'm a pretty nice guy and I do okay! (Well, I'm nice until you don't pay) :mix: even so, It's just business. You can't expect payment just because you are kind but it will not help by being hostile and deceitful. Firm, fair, legal, consistant and swift. Don't take partial payments either or you may have to start all over again. My tenants DID show up for court and tried to plea "not guilty". The judge would not allow it. She asked them if they had failed to pay the rent, when the tenant said she wanted to plead not guilty the judge just asked her again, "did you pay your rent"?. Then asked me what they owed and awarded judgment including costs. :supp: :D

[nodigg]

Isn't California law 3 times the amount of the check or $100 whichever is greater when a check bounces?
The renters are in default of their lease. See a good attorney.
I think that is close to accurate if not spot on. And I agree with the default on the lease. IF you choose to use an attorney, the cost can be added to what you are owed but good luck collecting unless you are awarded restitution :hammer2: as well. ATTORNEYS=complication and $$$$$$, but, no work other than meetings to prepare the case for the landlord. You don't have to appear if you hire an attorney I don't think.
I don't think an attorney will be neccessary though and it will be quicker in court and less complicated to take care of it yourself if you feel up to it. Just make sure you go in with documentation and copies for all parties. Its a snap and the education for future problems will be very helpful. A am Not slamming Attorneys this time! :D Afterall, we are not debating the cost of healthcare and why it is so high.........

[nodigg]

I have a buddy who owns a bunch of rental props. He is pretty much like Big Paul on OCC - you can't talk with him, you can't negotiate with him - he's like the Terminator. Whenever a tenant gets crosswise with him he takes the doors off for "repair" including the garage door if there is one. Then has his "crew" on-site to "work on the property". Any outstanding issues generally go away pretty quickly.
Dang!, :jawdrop: that would scare me to do. Sounds like an attorney's dream case for a tenant's rights. More power to him as long as he stays out of trouble with it. :D

[bigd1]

He's been pretty sucessful. It's either you pay or you go.

[shaffewm]

There is an outfit called NOLO press, they have some pretty good books on these situations, I think it was called the landlords guide or something like that, we used it alot when we had rental property...good luck, thats why we don't have rentals anymore....

[ratso]

I used to own some duplexes, the last person I had to evict pulled out a shotgun, I pulled out my AR and my 44, the neighbors called the cops and everybody was drawing down on everybody else. After that it all went up for sale. I will never deal with another renter as long as I live...

[ratso]

He's been pretty sucessful. It's either you pay or you go.
That's the way it should be...but the friggin' attorneys will never let it be that simple... :yuk:

[NashvilleBound]

Thank you everyone.
We've never had a rental property before so this is our first experience with it. Im almost thinking rental properties arent worth the headaches.. :hammerhea
Thanks for the advice!
We have a several rentals in TN. the only advice I will give you is let a CA attorney handle it. We sold ALL our CA properties because of the reasons stated here. Pain in the ASS. The renters have more rights than the legal owner. Ca is skah-rewed up when it comes to that! But at the LEASt, learn about the laws regarding renter rights.

[Mrs CP 19]

Get the Nolo press book as mentioned before. Or go to the library and check it out. It includes forms you need. Also, an unlawful detainer is not that big of a deal in Ca. It is a smalls claims action and does not require an attorney. You need to know what you are doing though...starting with a 3 day notice to quit or pay the minute they are late. The most it has ever taken us to get someone out was 46 days. If these people are that flaky, I would also assert my rights to inspection of the property with proper notice to ascertain no damage is being done. Good luck. Jill